[HISTORY: Adopted by the Suffolk County Legislature 6-26-2007 by L.L. No.
21-2007 (Ch. 410 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.Â
This Legislature hereby finds and determines that supported scaffolds
are often utilized as part of a construction project and that the
erection of supported scaffolds in excess of 20 feet in height in
connection with construction projects potentially poses a risk to
the safety of the public as well as public and private property within
the County of Suffolk.
B.Â
This Legislature also hereby finds that, over the past 10 years,
scaffolding collapses have led to property damage, severe injury,
and even death not only to construction workers, but to members of
the public as well.
C.Â
This Legislature further finds that the risk of injury and death
to members of the public and the threat of costly damage to property
will be reduced and overall public safety will be enhanced by a requirement
that persons working with scaffolds within the County of Suffolk have
the requisite training and expertise to utilize and maintain supported
scaffolds in a responsible and safe manner.
D.Â
Therefore, the purpose of this chapter is to establish a requirement
that individuals working with scaffolds in excess of 20 feet in height
within the County of Suffolk first complete approved training and
refresher courses offered by Occupational Safety and Health Administration
(OSHA) certified instructors.
As used in this chapter, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Public Works, or his
or her designee.
One or more platforms supported by outrigger beams, brackets,
poles, legs, uprights, posts, frames, or similar rigid support 20
feet in height or more and including, but not limited to, sidewalk
bridge scaffolds, single pole scaffolds, tube and coupler scaffolds,
fabricated frame scaffolds, tubular welded frame scaffolds, outrigger
scaffolds, needle beam scaffolds, mobile scaffolds, repair bracket
scaffolds, mast climber scaffolds that are mechanized or motorized,
back structures for personnel hoists and/or material hoists and system
scaffolds. Any sidewalk shed that provides a base for a supported
scaffold will subject the entire structure, including the sidewalk
shed, to the requirements of this chapter.
It is unlawful for any individual to erect, dismantle, repair,
maintain or modify any supported scaffold within the County of Suffolk,
or to be on any supported scaffold assisting in the erection, dismantling,
repair, maintenance or modification of any supported scaffold within
the County of Suffolk, unless such individual has been issued a supported
scaffold certificate of completion under the provisions of this chapter.
The provisions of this chapter shall not apply to:
A.Â
The erection, dismantling, repair, maintenance or modification of
any supported scaffold performed by an employee of a public utility
or any federal, state or local government or any agencies thereof
when such supported scaffold is located within the interior of a building
or structure owned or operated by such utility or federal, state or
local government or any agencies thereof, and when such public utility
or federal, state or local government or any agencies thereof have
a safety training program of not less than 32 hours for their employees
who erect, dismantle, repair, maintain or modify such scaffolds.
B.Â
Employees of a public utility or any federal, state or local government
or any agencies thereof performing work while using a supported scaffold,
provided that such employees are trained, pursuant to the United States
Department of Labor's OSHA requirements, to be able to recognize the
hazards associated with the type of supported scaffold being used,
and to understand the procedures to control those hazards.
C.Â
The erection, dismantling, repair, maintenance or modification of
standalone, one-story sidewalk sheds.
In order to obtain and hold a supported scaffold certificate
of completion, an individual shall have successfully completed the
thirty-two-hour training program or course pursuant to the United
States Department of Labor's OSHA thirty-two-hour scaffold safety
and training curriculum and conducted pursuant to a registered New
York State Department of Labor apprenticeship program or conducted
by an educational institution or school chartered, licensed or registered
by the New York State Department of Education, and, if such training
program or course has been completed more than two years previously,
taken an eight-hour scaffold safety and training refresher program
or course. Successful completion of the training program or course
shall be evidenced by a dated supported scaffold certificate of completion
issued by the provider of the training program or course to the individual
participant named on such certificate. This certificate of completion,
or a true copy thereof, shall be readily available to the Commissioner
upon request. Such supported scaffold certificate shall be deemed
valid if such certificate is dated within two years of its date of
issuance. Any training program or course presented under the provisions
of this section must be presented by instructors who are certified
under the applicable provisions established by the United States Department
of Labor's OSHA for construction safety.
A.Â
The Commissioner shall have the power to impose a fine not to exceed
$500 for a first violation and $1,500 for any subsequent violation
upon an individual who violates any of the provisions of this chapter.
B.Â
No fine shall be imposed until after a hearing has been held before
the Commissioner upon at least five business days' notice to
the alleged violator. Such notice shall be served either personally
or by certified mail, return receipt requested, to the last known
address of the alleged violator and shall state the date and place
of the hearing as well as enumerate the grounds constituting the allegations.
The alleged violator may be represented by counsel and may produce
witnesses in his or her own behalf. A record of the hearing shall
be taken and preserved. For purposes of such hearing, the Commissioner
may administer oaths, take testimony, subpoena witnesses and compel
the production of books, papers, records or other documents deemed
pertinent to the subject of the hearing.
A.Â
The Commissioner shall have the power to:
(1)Â
Keep records of all fines adjudged; and
(2)Â
Promulgate such rules and regulations not inconsistent with the provisions
of this chapter as may be necessary with respect to the administration
and enforcement of this chapter and other matters incidental or appropriate
to his or her powers and duties as prescribed by this chapter, and
to amend or repeal any such rules and regulations.
B.Â
No rule or regulation may be promulgated pursuant to Subsection A(2) herein unless a public hearing is held by the Commissioner. At least seven business days' prior notice of such public hearing shall be published in the official newspapers of the County of Suffolk. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the office of the Clerk of the County Legislature.
C.Â
Whenever in this chapter the Commissioner is empowered to or charged
with the responsibility to do or perform any act, he or she may deputize,
in writing, any officer or employee of the office to do or perform
the act in his or her place and stead.
Upon application of the Commissioner, the County Attorney may
commence an action in the name of the County of Suffolk to restrain,
prevent and enjoin a violation of this chapter or any rule or regulation
promulgated hereunder or any continuance of such violation.
This chapter shall apply to any actions occurring on or after
its effective date.
This chapter shall take effect 12 months after its filing in
the office of the Secretary of State.
